beta
(영문) 춘천지방법원 2017.04.28 2017고합9

준강간

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On August 14, 2016, between around 23:00 and around 24:00, the Defendant, under the influence of alcohol, exceeded the victim E (25 tax, n, n)’s half panty and panty panty 203, the Defendant had sexual intercourse once by inserting the sexual organ into the part of the victim.

Accordingly, the defendant was raped by taking advantage of the victim's mental or physical loss, or incompetence.

Summary of Evidence

1. Legal statements from witnesses E and F;

1. Partial statement of witness G;

1. A report on investigation (with regard to the arrival of a victim at the time of mobilization);

1. Response to a request for appraisal;

1. Application of a statute of origin as a result of DNA identification data search;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Determination as to the assertion by the accused and the defense counsel under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, the main text of Article 49(1) and Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse

1. At the time of the instant case, the Defendant was engaged in F and diving from the 2nd floor of D-Top 203 (hereinafter “the instant pentp”) which is a dunes structure, and did not have sexual intercourse with the victim, such as getting off to the 1st floor of the instant pentp and entering in the facts charged.

Although the fixed reaction and the gene type of the defendant were detected in the body of the victim and the part of the sound, there is a fling relationship between G and F on August 14, 2016 and F on August 21, 2016.

This is because there is a sex relationship under the agreement from the second floor of the instant penture when changing the place to turn.

2. According to the evidence duly admitted and examined by the court, the following facts can be acknowledged.

A. G (ma), F (ma), the Defendant (ma), and the Victim (AV) were playing with the instant pentle located on the day of the instant case.

Before this trip, it shall be the right of the agency.